Terms of Service | THPay Help Center

Welcome to THPay services. This agreement is a contract between THPay and you regarding your use of THPay services as a THPay user. In this agreement, "THPay," "we," and "our" refer to the relevant contracting parties listed in Article 3 of this agreement. To use THPay services, you should thoroughly read, understand, and agree to this agreement. Important terms, including limitations, disclaimers, or other provisions related to your significant rights (such as breach penalties and dispute resolution), may be highlighted in bold, underlined, or other formats to draw your attention.

Unless you have fully read, understood, and agreed to accept and comply with this agreement, please do not use THPay services. By clicking to confirm on the web page or by any other means explicitly or implicitly expressing your acceptance of this agreement, or by using THPay services in any way, you are deemed to have read and agreed to be bound by the terms of this agreement and the relevant service rules and privacy policy.

Please refer to our privacy policy to learn more about our handling of your personal information obtained through providing THPay services. If you are ineligible or do not agree to the relevant policy rules, you will not have the right to use THPay services.

Your use of THPay services and THPay's provision of services to you shall have legal effect between you and THPay based on this agreement, relevant service rules, and privacy policy.

1. Definition of THPay Services

1.1 THPay services refer to the bank card services provided by THPay, including related documents (which may be continuously updated) and additional services that you may purchase. You can choose to use one or more specific services according to your needs and comply with their service rules.

2. Qualifications for Obtaining THPay Services

2.1 You must have the necessary and appropriate legal capacity and competence to obtain THPay services in accordance with THPay's requirements.You must be at least 18 years old to use THPay services.If you agree to this agreement, you declare and warrant to us that:

(a) You are at least 18 years old;

(b) You have not previously had your cooperation with THPay suspended or terminated; and

3. Using THPay Services

3.1 Accounts and Registration. When you register a THPay user account (referred to as "user account"), you should fill in and submit valid information (collectively referred to as "customer information") according to the THPay service process. This includes but is not limited to your name, contact person, email address, phone number, contact address, etc. If there are changes in customer information, you should promptly notify THPay in writing or update it yourself according to THPay's rules. We have the right to refuse your creation of a user account.

3.2 End User Access. In this agreement, anyone who accesses THPay services with your user account is referred to as the "end user." You and your authorized end users may access and use THPay services in accordance with this agreement. If you discover that someone has stolen your account and password or any other unauthorized use, you should promptly notify THPay in an effective manner. If you are an organization or company, you should establish an internal management system to regulate the use and management of accounts. To protect your rights, an account should be used exclusively by you. You should take necessary and effective measures to keep usernames, passwords, and other information confidential and secure (including but not limited to managing usage permissions, setting strong passwords, and regularly changing them). Otherwise, you are responsible for the consequences. If you authorize your employees or others to manage the account for operational reasons or other reasons, you must control permissions effectively and promptly complete handovers and account security protection in case of personnel changes. In addition, you are responsible for the actions under the account, and all actions under the account are deemed to be taken by you and you shall bear all legal consequences.

3.3 Service Changes. In order to provide you with more comprehensive services, THPay has the right to regularly or irregularly inspect, maintain, upgrade, and optimize the service platform, related equipment, systems, software, etc. (collectively referred to as "routine maintenance"). THPay is not responsible if THPay services are interrupted or suspended within a reasonable time due to routine maintenance. However, THPay should notify you at least 24 hours in advance regarding routine maintenance matters. For non-routine maintenance caused by force majeure, basic operators' faults, and other reasons, THPay should promptly notify you. THPay has the right to adjust, terminate, or partially or completely terminate part or all of the services (including but not limited to offline, iteration, integration, etc.) according to its own operation arrangements. However, THPay should notify you at least 30 days in advance so that you can make data transfer backups and business adjustments to protect your legitimate rights and interests.

3.4 Security and Privacy. Security and privacy terms related to THPay services are stipulated in the THPay privacy policy. You should configure and use the services in compliance with security requirements.

3.5 Third-Party Services. If you obtain and use any products or services provided by third parties through the THPay platform, you should assess whether the product or service meets your requirements. Opening third-party products or services may require you to separately sign another agreement with the third party. The separate agreement may be presented in electronic document form or may be a separate paper document. You can decide whether to accept the agreement and use the product or service based on your own circumstances. Disputes arising from your use of third-party products or services should be resolved by you and the third party.

4. Fees and Payments

4.1 You may be required to make payments to us from time to time as the fees for using THPay services. All fees are non-refundable. You agree that you are responsible for paying all fees and taxes related to any such payments without any tax deductions.

4.2 THPay may act reasonably and notify you. THPay may adjust existing fees or introduce new fees. You agree to pay all fees, and your continued use of THPay services indicates your acceptance of all fees.

5. Customer Support

5.1 You can contact our customer service at any time.

6. Your Responsibilities

6.1 You will not, and will not allow your affiliates, employees, contractors, and any third parties under your control, management, or supervision to:

7. Intellectual Property

7.1 Each party retains ownership of the trademarks, copyrights, or other intellectual property rights it owns independently, and the signing or performance of this Agreement by both parties shall not transfer ownership to the other party or jointly to both parties. Each party shall respect the intellectual property rights of the other party and third parties. If any third party brings a lawsuit or claims against the other party for infringement of its intellectual property rights or other legal rights due to one party, the party at fault shall handle the dispute independently, compensate the other party for its direct economic losses, and indemnify the other party.

8. Term, Termination, and Suspension

8.1 Term. This Agreement will become effective from the time you accept this Agreement or first use this service and will continue until the termination conditions specified below occur.

8.2 Termination by THPay. THPay may suspend or terminate part or all of the THPay services to you at any time for any reason. If possible, we will notify you at least one month in advance by email, unless special circumstances or regulatory conditions (including but not limited to court or government orders) require THPay to take immediate action, such as:

(a) We discover that you have provided false, misleading, incomplete, or inaccurate information or engaged in other dishonest conduct;

(b) You violate this Agreement or any other agreements signed with THPay;

(d) You use THPay services for illegal or fraudulent activities; or

(e) We have reasonable suspicion of the above.

8.3 Termination by You. If you wish to terminate this Agreement or your THPay account, you simply need to stop using THPay services. Unless otherwise provided in the EEA Consumer Terms, if you terminate your user account and this Agreement, you are not entitled to a refund of fees already paid to THPay.

8.4 No Liability for Termination. Unless otherwise expressly provided by applicable law, if either party terminates this Agreement as provided in this Agreement, neither party shall be liable for damages, loss of expected profits, or loss of expected sales caused by the termination. However, termination does not relieve either party of its obligations arising before the effective date of termination.

8.5 Suspension of Services. If THPay suspends your access to THPay services:

(a) You are still responsible for all fees incurred prior to the suspension date (including fees incurred before the suspension date, but the performance of related obligations occurs after the suspension date);

(b) You are still responsible for paying applicable fees for the services you can access.

8.6 Effects of Service Termination.

(a) After the termination of this Agreement:

1. You shall pay to THPay any fees or other amounts owed under this Agreement within 30 days after termination.

2. Upon THPay’s request, You will return or destroy all confidential information related to THPay, in accordance with commercially reasonable interests. THPay has no obligation to grant you access to any user data after the termination of this Agreement.

(b) In addition, the following provisions shall remain in effect after the termination of this Agreement: Sections 1, 5, 7, 8, 9.4, 9.5, 9.6, 10.1, 10.2, 11, and 12.

9. Disclaimer

9.1 You understand and agree that THPay’s services are provided on an "as is" basis with the current technology and conditions. THPay will make the best efforts to ensure the continuity and security of the service, but THPay cannot guarantee that the services provided are flawless. Therefore, even if the services provided by THPay have defects, if such defects are unavoidable based on the industry's technological level at that time, it will not be considered a breach of contract by THPay, and THPay will not be liable. Both parties should work together in a friendly manner to resolve any issues.

10. Limitation of Liability and Compensation

10.1 Limitation of Compensation. In no event shall THPay’s total liability for compensation to you under this Agreement and related orders and THPay services (whether based on contract, tort, or any other liability theory) exceed the total amount of fees already paid by you to THPay for the THPay services that caused you losses in the 12 months preceding the occurrence of the damages.

10.2 Disclaimer of Damages. Except for the fees payable to you, to the maximum extent permitted by applicable law, THPay or its affiliates shall not be liable to you for any damages, including but not limited to:

(a) any indirect, incidental, special, or punitive damages and losses;

(b) any loss of profits, income, or opportunities related to the services.

11. General Terms

11.1 Obtaining this Agreement. The terms of this Agreement have been provided to you before it becomes effective and can be accessed on our website thereafter. At any time during the term of the contractual relationship, you have the right to request to receive the terms of this Agreement on a continuing medium.

11.2 Agreement for Electronic Communication. By using THPay services, you agree to receive certain electronic communications from us as further described in our privacy policy. Please refer to our privacy policy for more information on our electronic communication practices. You agree that any notices, agreements, disclosures, or other communications sent to you by email, through the "service platform," or otherwise will satisfy legal written notice requirements.

11.3 Force Majeure. In the event of force majeure, including but not limited to natural disasters, government actions, publication or changes in policies, publication or changes in laws and regulations, strikes, and riots, which cause one party to delay the performance of obligations under this Agreement, it shall not bear breach of contract liability (except for customer payment obligations), the party affected by the force majeure shall notify the other party as soon as possible after being affected. If the force majeure event hinders the performance of this Agreement for more than 30 calendar days, either party may terminate this Agreement upon 15 days' prior written notice without any liability.

11.4 Non-waiver and Severability. A waiver by one party of a breach by the other party and does not waive other breaches. Failure by either party to exercise (or delay in exercising) any right under this Agreement shall be deemed as a waiver of any rights. If any part of this Agreement is unenforceable, it does not affect the validity of other terms.

11.5 Changes to Terms. We continually update THPay services, which means we must change the terms of this Agreement from time to time. THPay may revise, modify, or update this Agreement at its sole discretion. Such changes shall take effect immediately. If we make any material changes, we will notify you by email or other means. If you do not agree to our changes, you should immediately stop using THPay services. Your continued use of THPay services will be subject to the new terms.